Wednesday, August 26, 2020

Investigating the Properties of Ph

Examining the Properties of pH The manufacture’s guarantee is that Sensodyne toothpaste small scale solidifies tooth finish to help secure against the impacts of corrosive wear, helps prevent the twinges of torment from touchy teeth detailed with low abrasivity, impartial pH and delicate yet compelling cleaning framework. To see whether the makes guarantee on Sensodyne toothpaste is the right degree of pH. I anticipate that the Sensodyne toothpaste should be an impartial pH level as the makes guarantee that this items pH level is unbiased. This would be shown by a degree of pH 6 and 7. The hardware required for this useful * Sensodyne (toothpaste) Universal pointer * Universal paper * pH meter * Petri dish x 3 * Measuring chamber x 6 * Wooden stick * Distilled water * Tap water * Ruler Method 1. Test the refined water and faucet water for the pH level to check whether it were impartial so it wouldn’t have any kind of effect to the outcomes. 2. Set up 3 petri dishes and 3 estimating chambers 3. Measure 10mls of faucet water. Add water to the petri dish and include 5cm of Sensodyne (toothpaste) into each petri dish and rehash this stage multiple times. 4. Measure 10mls of refined water and add to the estimating chambers just as including 5cm of Sensodyne (toothpaste) and rehash this stage multiple times. . Combine the substances with the wooden stick. 6. Put widespread pointer (fluid) into the petri dish rehash this stage multiple times. Record the outcomes from each petri dish. 7. Put all inclusive pointer (paper) into the estimating chamber rehash this stage multiple times Record the outcomes from each estimating chamber. 8. Set up pH meter, Put the pH meter into the estimating chamber record the pH perusing and rehash this stage multiple times for a solid. Results Table Universal Indicator Universal Paper pH Meter Test 1 pH6 6 7. 0 Test 2 pH6 6. 99 Test 3 pH6 6 7. 09 Photographic proof of investigations Before: After: Before: After: Discussion * The outcomes show pH of the toothpaste is unbiased as indicated by the pH meter, and somewhat acidic as per the paper and marker. The pH was found to be somewhere in the range of 6 and 7 in all the tests done * The manufacturers’ guarantee was the pH level of the sensodyne (toothpaste) was impartial. My theory was that the toothpaste was pH nonpartisan and this was bolstered by the outcomes. * I thought about refined water and faucet water due to the various synthetics blended in with the water, yet the outcomes indicated no distinction so it didn’t influence the pH. The pH meter indicated small changing however not all that much this could be that the pH meter is out or that there could be some kind of problem with the meter in light of the fact that with my bolstered proof its probably not going to not be right. To improve this test is test with more than one pH meter to check whether there’s a distinction in examination. Else it might be progressively productive if there were more tests accomplished for more help towards the outcome. * My free factor is the sensodyne (toothpaste) on the grounds that in each test I utilized a similar measure of sensodyne. The dependant variable was the pH levels were I didn't have command over what the pH level would demonstrate. This is the explanation the outcomes are dependable on the grounds that I rehashed the means multiple times in each test and kept on getting similar outcomes. This investigation could be improved by getting tests of toothpaste from an assortment of areas. This will distinguish and inconsistency’s in the item itself. End * The examination found that the fabricates guarantee of pH is right and it is a nonpartisan pH with upheld proof. Teeth would be influenced by acidic toothpaste or basic toothpaste. Consequently a pH somewhere in the range of 6 and 7 is a proper toothpaste . This sensodyne (toothpaste) is intended to help individuals with touchy teeth.

Saturday, August 22, 2020

Conservation Assignment Essay --

Ailuropoda melanoleuca, otherwise called the Giant Panda, is one of the most imperiled species. It was first found and run all through the locale of southern and eastern China, just as northern Myanmar and northern Vietnam showed by the fossil records (Lã ¼, 2008). Today, goliath panda is just found and limited to six divided and segregated mountains including Qinling, Minshan, Liangshan, Qionglai, Xiaoxiangling, and Daxiangling in Shaanxi, Gansu and Sichuan Provinces. The present populace is evaluated to associate with 1000-2000. Wild monster panda subpopulation is assessed to associate with 50. It displays a female-one-sided dispersal due the bigger measure of female contrast with male and rivalry for mating. This drove male pandas to set up domains close to the origination, making a uniform scattering. Mammoth pandas live in coniferous and mild backwoods alongside thick stands of bamboo at rises around 5000-10,000 feet. They tend to not sleep however for the most part plunge to bring down spots in the winter and take places, for example, empty trees, buckles and rock hole as their transitory sanctuaries. They spend around half of their day benefiting from various types of bamboos relying upon the seasons to expand the ingestion of vitality, which includes 99% of their weight control plans. They acquire the water that they need from bamboos. Wild pandas sometimes eat grasses, little rodents and musk deer grovels however these solitary make up 1% of their eating regimens. The goliath pandas that live in the zoos eat for the most part bamboo and sporadically other food that wild pandas don’t eat, for example, yams, carrots and some uncommon high-fiber bread (national zoo, 2012). One of the primary driver of the monster panda populace decrease is the corrupted and limited territory. Gian... ...hough the expanded measure of panda isn’t as high, it despite everything worked. Works Cited Amsel, Sheri. â€Å"Environmental Issues.† Endangered Species - The Giant Panda. Investigating Nature Educational Resource. 2005. Web. 14 Mar. 2014. National Zoo. Mammoth Panda. Facts. National Zoological Park, 2012. Web. 14 Mar. 2014. Loucks, CJ. Result Filters. National Center for Biotechnology Information. U.S. National Library of Medicine, 16 Nov. 2001. Web. 14 Mar. 2014. Lã ¼, Z, Wang, D. and Garshelis, D.L. (IUCN SSC Bear Specialist Group) 2008. Ailuropoda melanoleuca. In: IUCN 2013. Web. 14 Mar. 2014. World Wildlife Fund. Panda's Natural Enemies and Defenses. WWF. World Wildlife Fund, 2008. Web. 13 Mar. 2014. Zhan, XJ. Atomic Analysis of Dispersal in Giant Pandas. National Center for Biotechnology Information. U.S. National Library of Medicine, 16 Sept. 2007. Web. 14 Mar. 2014.

Friday, August 14, 2020

2018 Charles B. Rangel International Affairs Program applications are live COLUMBIA UNIVERSITY - SIPA Admissions Blog

2018 Charles B. Rangel International Affairs Program applications are live COLUMBIA UNIVERSITY - SIPA Admissions Blog The Charles B. Rangel International Affairs Program is now accepting applications for the 2018 Rangel International Affairs Graduate Fellowship Program at www.rangelprogram.org. The Rangel Graduate Fellowship is a U.S. Department of State program, administered by Howard University that seeks to attract and prepare outstanding young people for careers as Foreign Service Officers in the U.S. Department of State. Candidates must be graduating seniors or college graduates with strong academic records and a desire to promote positive change in the world. The program encourages the application of members of minority groups historically underrepresented in the Foreign Service, women and those with financial need. Applicants with any undergraduate major are welcome to apply. Selected fellows will receive support for graduate school and will enter into exciting and rewarding careers representing the United States overseas. Program Benefits An orientation to the Program and the Foreign Service at Howard University in Washington, D.C. in late spring 2018 Two summer internships, one on Capitol Hill in summer 2018 and one overseas at a U.S. embassy or consulate in summer 2019. Up to $37,500 annually toward tuition, fees and living expenses for a two-year master’s degree in fields related to the Foreign Service such as Business Administration, Economics, Public Policy, and International Relations at a U.S.-based institution. Mentoring from a Foreign Service Officer throughout the duration of the fellowship. Employment in the State Department Foreign Service for those who successfully complete the program and meet Foreign Service entry requirements, in accordance with applicable law and State Department policy, with each Rangel Fellow committing to a minimum of five years of service. Eligibility requirements U.S. citizenship Seeking admission to graduate school in fall 2018 for a two-year program in an area of relevance to the Foreign Service at a U.S.-based institution Cumulative grade point average of 3.2 or higher on a 4.0 scale at the time of application About the U.S. Foreign Service Foreign Service Officers in the U.S. Department of State are responsible for formulating, implementing and supporting U.S. foreign policy. Their work includes analyzing political and economic events around the world; negotiating with foreign governments; assisting U.S. citizens abroad; educating foreign audiences about American culture and values; and managing an embassy’s operations. They are engaged in foreign policy issues such as conflict resolution, human rights, environmental and health issues, nuclear nonproliferation, and educational exchange. A Foreign Service career is much more than just a job; it is a uniquely demanding and rewarding way of life. Foreign Service Officers work in Washington and in more than 250 diplomatic posts worldwide. As representatives of the United States, Foreign Service Officers have a direct impact on people’s lives, witness history in the making, and help create and implement U.S. policy. Application Deadline September 21, 2017 Program Contact rangelprogram@howard.edu 202-806-4367 or 877-633-0002 Learn more at  www.rangelprogram.org.

Wednesday, May 13, 2020

Expansion of Diageo Plc. - Free Essay Example

Sample details Pages: 9 Words: 2689 Downloads: 5 Date added: 2017/06/26 Category Marketing Essay Type Analytical essay Level High school Did you like this example? DIAGEO PLC Introduction, Company Profile and Current Strategy Diageo is one of the worlds largest alcoholic drinks companies, leading the global market in flavoured alcoholic beverages (such as Smirnoff Ice), and spirits. In this regard it is still very similar to several of its major rival companies, including Allied Domecq, Pernod Ricard or CCU, all of who have varied alcoholic drinks portfolios. Where Diageo has differed from its rivals in recent years, however, is the way in which its wine business has been somewhat overlooked in comparison to the development of its global priority brands, which have mainly been centred on spirits, as well as its flavoured alcoholic beverages. The strategic review undertaken in the case study has the potential to alter this state of affairs, and the company may wish to look at possibly extending its presence in the premium New World wine segment, taking on its rivals head on. Diageos decision will likely depend upon s everal factors, with the key factor, likely to support growth in wine, being the growth potential of premium wine, particularly in the light of recent health claims made about the benefits of drinking red wine and dangers of spirits consumption. In addition, the company has endured a decline in its flavoured alcoholic beverage business, again like its competitors which have seen this particular sector begin to lose its fashionable appeal. However, through extending its wine offering, Diageo will intensify the competition between itself and companies such as Pernod Ricard or Allied Domecq, as well as more wine-centred companies including Kendall-Jackson or Constellation Brands. All four of these companies have portfolios which are similarly prioritised around Californian premium wines. A merger, or acquisition, may be the best way to achieve a strong presence in the wine sector, as consolidation continues to be strong amongst wine firms. The global wine industry has yet to settle down from the period of intense merger and acquisition activity witnessed over the last few years. The acquisition of BRL Hardy by Constellation Brands in 2003 was the first major salvo, creating an environment of consolidation which remained in early 2005, with EJ Gallo acquiring Barefoot Cellars and the integration of Robert Mondavi into Constellation Brandss fine wine division, not to mention Diageos own acquisition of Chalone. (Diageo Plc, 2005) External Environment Opportunities and Challenges An analysis of the external environmental opportunities and challenges facing Diageoà ¢Ã¢â€š ¬Ã¢â€ž ¢s wine business, in some of its major markets, is based primarily on the fact that the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s portfolio is firmly rooted in the still light grape wine sector. It does have a few rosÃÆ' © and sparkling wines, notably extensions to the UK-focused Blossom Hill, but these are unlikely to have a significant impact on the companys sales going forward despite the pre dicted growth of around 27% in the UK still rosÃÆ' © sector and 6% in UK sparkling wine. Within its other key markets, Spain and Ireland, Diageos wine portfolio is likely to see mixed results. Whilst in Ireland, which has come late to wine-drinking, the potential of an immature market is apparent. Increased interest in wine as consumers develop more sophisticated tastes is expected to lead to growth of around 92% in red wine and 80% in white wine, offering Diageo great potential once its distribution channels have been widened. In contrast, the Spanish wine market is much slower, suffering from maturity and the same change in family habits that has had such a negative impact on the French wine industry. As a result, static growth rates are expected, although it is likely that with Spanish consumers exchanging quantity for quality, the potential for Diageos premium wine portfolio remains. In the US, where wine drinking is still a relatively new activity, the growth potential fo r the companys wide premium wine portfolio is good. Red wine growth of around 26% is anticipated over the five years to 2009, as US consumers grow increasingly interested in wine and sophisticated in their tastes. This growth will be significantly faster than the developed UK market, which is expected to grow only by a further 3% in total as it matures. Diageo CEO has earmarked four markets which he wishes to expand, Brazil, India, Russia and China. In Brazil, where the company is already active, the red wine market is anticipated to grow by around 14% in volume, suggesting positive forward growth as domestic production continues to grow, encouraging more widespread wine-drinking, particularly for reasons of health. Here, white wine growth of just 4% will be significantly slower, but nonetheless offers organic growth potential. India, Russia and China are all significant immature markets, expected to enjoy dynamic wine growth in the 2004-2009 period, as all three countries see an increasingly westernised lifestyle. Although Diageos New World-focused portfolio may be slower to enjoy the benefits of growth, with these markets particularly enjoying wines from the Old World producing countries such as France, there is certainly medium-term potential, particularly with the benefit of the work being done to widen distribution channels. In Russia, the development of a market for domestic wine may also dampen Diageos growth rate. Only in China is red wine growth expected to outpace that of white. In Russia, both white and red wine are expected to grow at very similar rates of between 28% and 29%, whilst in India white wine is likely to grow more rapidly, at around 81% compared to 74% for red, due to its lower base. (Global Market Information Database, Mar 2005) Industry Environment The wine industry environment, as a whole, is particularly susceptible to fluctuations in supply arising from weather-related factors that influence the volume and quality of the a nnual grape crush harvest. In 2004, a shortage of wine in Western Europe resulted in increased prices, leading to slower volume growth and consumers switching to cheaper alcoholic alternatives such as beer. In the previous year, however, oversupply had caused the opposite effect, with a glut of wine volume driving down prices and value in the industry. As a result, the wine industry needs more effective coordination between producers in order to ensure a steadier level of global supply. A long-term challenge facing the global wine industry is the underlying trend away from wine consumption in major traditional markets such as Italy, France and Spain. Changes in the pattern of life in these countries, with consumers increasingly rarely drinking wine at lunch, have led to falling consumption per capita of wine, with younger consumers often preferring alternatives such as FABs, soft drinks or water. Specific marketing towards younger consumers in these markets, and continued expansi on of wine distribution in developing markets are two key strategies in confronting this challenge. Manufacturers also face increasing competition from outside the wine industry, with the growing popularity and heavy marketing of beer, FABs and soft drinks. In response, manufacturers are seeking to make wine accessible to an increasingly wide consumer, whilst retaining the products social cachet. Celebrity endorsement, product placement in films and the broad-based promotion of a culture of wine connoiseurship are central strategies in wine marketing. As consumers grow increasingly health conscious in both developed and developing markets, demand for beverages with a high alcohol content continues to diminish. This presents wine manufacturers with an opportunity to emphasise the potential health benefits of wine, particularly when compared to the health risks of high alcohol-content spirits that are the customary drink in certain regions such as Eastern Europe. Increasing consoli dation in the highly fragmented global wine industry has arisen due to the significant growth opportunities in developing regions, and the success of global brands of New World wines such as the USs E J Gallo and Australias Jacobs Creek. As such, the key challenges and strategies for the next few years fall into a few distinct categories: Destabilising fluctuations in supply: There is a need to coordinate between producers to maintain steady level of supply, and the use of available technology to prevent the damaging effects of over, or under, supply. Declining consumption in traditional markets: This must be countered by the promotion of premium wines in developed markets, and increased distribution and education in emerging markets. Increased competition from non-wine drinks: This is already being tackled by cultivating a sophisticated, yet accessible product image for wine. Health trends away from alcohol: This has long been dealt with by the promotion of the appa rent health benefits of wine, and the development of organic and low-alcohol variants. Increased consolidation in global industry: This is causing geographical and sector expansion via acquisition, global branding, and an increasing focus on the key growth sector of premium wines. (Global Market Information Database, Sep 2005) Recommendations for the CEO SWOT Analysis Strengths Diageos broad geographical coverage acts as a cushion against economic uncertainty in any one particular region. The company is becoming increasingly recognised for providing a positive working environment, and being a good place to work. High levels of employee loyalty will help the company through difficult periods. Diageo recognises the importance of building international brands, which enhances its sales potential. A broad wine portfolio means that the company is reasonably insulated from undesirable fluctuations in consumer confidence, through its affordable labels, but can also o ffer the aspirational consumer, higher-priced reserve wines. The acquisition of the Chalone Wine Group, which was completed in February 2005, adds several premium Californian wines to Diageos portfolio, which significantly increases the companys profile in the wine industry. Focused marketing of Blossom Hill in the UK has paid off, with significant volume increases during fiscal 2004. Taking control of its North American distribution through dissoliving its joint venture with MoÃÆ' «t Hennessy gives Diageo greater control over its marketing in this region as well. Weaknesses Insufficient marketing resources are being put towards the companys wine brands in comparison to its spirits business. The lack of any major wine strategy reflects a lack of commitment to Diageos wine portfolio. The company has not established itself fully in the UK premium wine market, with both Blossom Hill and Piat DOr more mid-priced wines. The lack of a major global brand is a dis tinct disadvantage in an industry which is becoming increasingly focused on branding. Diageos portfolio remains incomplete without ownership of an Australian brand, and also suffers from lack of participation in the Chilean or Argentinian wine industries, which are increasingly popular in key markets such as the UK. Opportunities The UK wine market is proving to be more resiliant against private label wines than may be suggested by the growth of private labels elsewhere in the retail sector. Strong growth in both still red and white wines is forecast in the US market over the 2004-2009 periods. This will help to boost sales in the companys most significant overseas market. The companys domestic market, the UK, is a showcase market, where consumers are happy to experiment with wines, providing a wide market for Diageos products. Red wine sales are likely to continue to benefit from medical and scientific research findings indicating that it offers health benefits to regular, moderate drinkers. Recent studies have suggested red wine may help improve coughs, lower blood pressure and, reduce the risk of lung cancer. There is considerable growth potential in Norway and Ireland. Although sales in these countries are growing, they are not yet at the same level as other Western European countries. As Diageo is currently well represented in Europe, it is in a strong position to further exploit these markets. The trend towards premium wines offers growth potential to several of Diageos brands including Sterling Vineyards, Beaulieu Vineyard and Barton Guestier. Threats Continued fears about the social impact of alcohol abuse may lead to the reduction of Diageos market as consumers are encouraged to turn away from alcohol. Any changes in excise levels in any of its markets could have a negative impact on the companys margins. As a British company, with significant overseas sales, the company is at the mercy of fluctuating exchange rate s, when a strengthening pound, particularly against the US dollar may impact negatively on revenues. Falling sales of spirits brands could lead to an international price war, which could drive down both the companys revenues and margins. There is increasing competition from small, artisan wineries throughout California, which could impact Diageos Californian wines. Greater emphasis is being placed on anti-drink/driving campaigns in some traditional wine-drinking countries, such as Spain, which is a key market for Diageo. Conclusion Further global expansion is definitely possible for the Diageo CEO, who has pinpointed several geographic markets into which he wishes to increase sales, including the growth areas of Brazil, India, Russia and China. All of these markets offer potential for its wine business as well as spirits, and the company should be able to gain economies of scale were it to share distribution channels with its extended spirits business. Further expansi on of the companys wine portfolio could be considered in New World wine producing areas such as Chile or Argentina, which are also growth areas and popular sources of wine in key markets such as the UK. The company already has Latin American operations in the form of its Monte Xanic wine, acquired through the purchase of Chalone Wine Group in 2004. The wine business of Chilean brewer CCU may well make a good fit within an expanded Diageo Chateau Estate Wines. Diageo could also look to Australia for further expansion, as it still lacks wine from this region. It is unlikely that Diageo would stretch itself as far as attempting to acquire Southcorp alone, as Fosters has been attempting since early 2005. Nonetheless, Diageo could be in the running either to participate in a joint venture to bid to part-own Southcorp, or to pick up any of Fosters wine business that it would need to divest following a successful takeover of its rival. As the worlds leading producer of spirits, Diag eo is an attractive company, most notably for its eight global priority brands which include JB whisky, Smirnoff vodka and Tanqueray gin. The company is at risk, however, from losing its premier position in the global spirits market once South Korean spirits maker Jinro, currently ranked second in the market, is sold at the end of March. Should the buyer be Diageos key rival Allied Domecq, this would have serious implications for Diageos global position. Should this happen, an alliance or merger activity between Diageo and Pernod Ricard should not be ruled out. The latter is rumoured to have been investigating the possibility of a takeover of Allied Domecq since early 2005, and here again Diageos dominance of the market is at risk. A merged Jinro/Allied Domecq would also well prove too large a proposition for Pernod Ricard, leaving it to look elsewhere for consolidation and Diageo would be a good fit, although there would be some clash within the joint Californian wine portfolio. Diageo is unlikely to be approached with regard to its wine business alone, because of its lack of a major global brand, which is an essential element of any major wine company. Although Diageo has one ace up its sleeve, current UK still light grape wine market leader Blossom Hill, its history of underinvestment in its wine business and falling volumes in its established Californian portfolio, combined with its lack of a true global brand makes Diageo an unattractive proposition from this point of view. As such, Diageo needs to rapidly and dramatically increase its marketing and branding expenditure in its wine business, if it wishes to gain the necessary regard to be able to enter into joint ventures and alliances with major companies. One way of doing this would be to look towards acquiring a smaller company, with one or two recognised brands, and leveraging Diageoà ¢Ã¢â€š ¬Ã¢â€ž ¢s main strength: its brand development skills and expertise, to developing these brands, and thus t he whole companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s global wine image and potential. Alternatively, the firm could try to make Blossom Hill a truly global brand, however this would require a large investment of time and expenditure, and may be beyond even Diageoà ¢Ã¢â€š ¬Ã¢â€ž ¢s branding skills. References Diageo Plc. (2005) www.diageo.com. Accessed 26th December 2005. Global Market Information Database (Mar 2005) Diageo Plc. Euromonitor International. Global Market Information Database (Sep 2005) The World Market for Wine. Euromonitor International. Don’t waste time! Our writers will create an original "Expansion of Diageo Plc." essay for you Create order

Wednesday, May 6, 2020

School Finance Paper Free Essays

Connie Findley University of Phoenix June 14, 2010 School Finance Issue Paper There is a popular myth that government sponsored public education is cost free to students, families and teachers (Darden, 2007). The economic crisis has resulted in a wave of reduced funding sources for school districts around the country. As state and city budgets have been slashed, the consequences for districts are dire (Trainor, 2010). We will write a custom essay sample on School Finance Paper or any similar topic only for you Order Now Debates about how to improve public education in America often focus on whether government should spend more on education. Federal and state policy makers proposing new education programs often base their arguments on the need to provide more resources to improve opportunities for students (Lips at el. , 2008). The increasing number of budget cuts have left teachers, administrators, families footing the bill for classroom materials. The challenge has become to provide essential school supplies and classroom materials despite millions in budget cuts. Many districts has raised dozen of school fees for various students activities and added many items to school supply lists every year (Dyrli, 2008). In recent years there has been a great interest in the effect of school resources on academic achievement ( Froese, 1997). Answering whether spending more on public education improves academic achievement begins with establishing how much the United States spends on education. In 2007, the federal government spent $71. 7 billion on elementary and secondary education programs. These funds were spent by 13 federal departments ad multiple agencies. The Department of Education spent $39. 2 billion on K-12 education. The largest programs in the Department of Educations budget were education for the disadvantaged and special education (Lips at el. , 2008). The monies dedicated to states from the federal government is earmarked for certain programs. Allotted monies for school resources do not always equate to materials for classroom instruction. Many people believe that lack of funding is a problem in public education, but historical trends show that American spending on public education is at an all-time high (Lips at el. , 2008). Acknowledging that education excellence cost money, the vast majority of school districts have a tough time keeping pace. Schools are tempting to use several solutions to combat the budget crisis. Schools are collecting fees from parents, they can pretend not to notice as teachers quietly bear the expenses as an act of caring, or solicit or accept dollars that come from third-party sources (Darden, 2007). Academic researchers have sought to answer the question of whether education expenditures are correlated with student performance. However, there is a lack of consistent evidence on whether education expenditures are related to academic achievement. Despite the lack of consistent finding, leading researchers in the area acknowledge that any effect of per-pupil expenditures on academic outcomes depends on how money is spent, not how much money is spent (Lips at. el. , 2008). Existing evidence indicates that the typical school system today do not use resources well at least if promoting students achievement is the purpose. The high and increasing percentage of funding is allocated to non-classroom expenditures is evidence of the need to improve resource allocation in the nation’s public schools. According to the National Center for Public Education Statistics, only fifty two percent of public education expenditures are spent on instruction. This percentage has slowly been decreasing over recent decades (Lips at. el. , 2008). One problem school districts are facing is shrinking enrollment. These school districts are left with vacant buildings and hundreds of thousands of dollars tied up in desk, chairs, office supplies and equipment, computers and textbooks that may eventually find their way to the dump. At the same time, districts in growing communities struggle to accommodate an enrollment expansion with limited funding, facilities and equipment. Administrators may be forced to purchase and temporary classrooms (Trainor, 2010). One of the major areas that school administrators are focusing on is technology in the classroom. While many teachers are bearing the cost of glue, paper, pencils and other classroom materials essential for achievement, school officials are providing funding for instructional computer programs to help increase reading and math achievement. While purchasing new computers is not always an option many school districts are finding ways to provide computers without overspending. In an effort to reduce cost, some school technology leaders have formed groups to negotiate pricing with firms selling refurbished computers. Because every computer in a school setting does not need the most sophisticated capabilities, refurbished models provide access as well as word processing and other basic programs at an affordable price (Trainor, 2010). Providing updated and current textbooks is another recurring cost that school systems face. There is a large used textbook market which has existed for decades. Districts around the country regularly sell retired textbooks. Sometimes school systems replace relatively new textbooks because of a change in curriculum requirements (Trainor, 2010). School systems are wasting money of textbooks each year due to purchasing books that are already retired or by purchasing an older edition of a textbook. Teachers are using creative ways to supplement curriculums and information not found in textbooks but are required by the state to teach. School districts need a willingness to explore the possibilities of learning about the other three Rs: reduce, reuse and recycle (Trainor, 2010). When budgets are tight, district administrators must sometimes choose between supplies and other needs. To help bridge the gap, many teachers are buying more material than ever for their classrooms. The most recent study by the National School Supply and Equipment Association found that in the 2005-2006 school year, teachers spent and average of $552 on school supplies and instructional material (Dyrli, 2008). Some school systems have found themselves in court over the idea of providing a free education while asking parents to pay for school activities. In April 2006, the Indiana Supreme Court struck down Evansville-Vanderburgh School Districts $20 school activity fee, saying it was the equivalent of tuition charge and therefore violated the state constitution. The money was used to pay for music, drama, nurses, school counselors, alternative education and other needs. This fee was an attempt by this school system to balance the budget (Darden, 2010). One of the perks that teachers could look forward to during tax season is the tax credit offered to teachers. California Public School teachers in 2004 found out right before school started that they would no longer be able to deduct the cost of school supplies from their taxes. California cancelled its Teachers Retention Tax Credit, hoping to save about $400 million over two years (Vail, 2004). Nationally, teachers have similar, though much lower tax program for supplies. Most school districts have classroom budgets for such expenses, but teachers frequently dip into their own pockets to supplement the budget. The general public does not understand how much teachers spend out of their own pockets just to be able to do their jobs, but they do it because it’s the best for the students and they want the students to learn, achieve and be successful (Vail, 2004). Tax payers have invested considerable resources in the nation’s public schools. However, increasing funding if education has not led to similarly improved student performance (Lips at. e. , 2008). School systems across the country are now looking for ways to supplement their restricted and strained budgets. Many are looking at purchasing refurbished computers, recycled classroom materials, charging fees to parents and adding more supplies to back-to-school list. While these efforts are not in vain they are only a starting point. School district are going to have to solicit funding from private corporations, form partnerships with business in community and find raise to help supplement declining funds. What does this mean for students and teachers? Teachers continue to purchase classroom materials essential to help students master core goals. Students are having to adjust to larger classrooms, sharing materials and equipment while goals and standards continue to rise. Teachers will have to bear the burden to meet federal mandates while working with less than adequate supplies. These barriers will force teacher and parents to provide creative alternatives for learning and building stronger relationships with each other in order to provide students with more learning opportunities. Reference Darden, E. (May, 2007). School law show me the money. American School Board Journal, 44-45. Dyrli, K. (2008). School supplies on a budget. World Wide Web. htp://www. DistrictAdministraton. com. Froese, V. (1997). The relationship of school materials and resources to reading literacy: An international perspective. University of British Columbia, Vancouver, Canada. Lips, D. , Watkins, S. , and Fleming, J. (2008). Does spending more on education improve academic achievement? Backgrounder: The Heritage Foundation of America, 2179. Trainor, C. (2010). The other three rs. American School Board Journal, 50-51. Vail, K. (2004). Tax credit for school supplies? Maybe not. American School Board Journal, 8. How to cite School Finance Paper, Papers

Sunday, May 3, 2020

A comment of Mercutios death scene and a comment on Shakespeares stagecraft Essay Example For Students

A comment of Mercutios death scene and a comment on Shakespeares stagecraft Essay Leading up to Mercutio death scene; a public place: Mercutio and Benvolio enter and they talk about Romeos supposed romance with Rosilline and they laugh and joke about the fact he is besotted with her. But in actual fact hes truly in love with Juliet! Then the conversation turns to Tybalt The king of cats, cats meaning trouble. Romeo enters and they laugh about what he did the night before, Romeo gave them the slip. and they carry on laughing at Romeo and the way he has acted over the last few days. Enter nurse, the nurse comes in and conversation, and Mercutio joke and joshes with the old lady and sings An old hare hoar and being rather rude. Benvolio and Mercutio leave. Act three: scene 1, a public place. Hot day and every body is stiferling and moody. Benvolio and Mercutio talk about the king of cats and the way he Sword fights. Enter Tybalt and asks where Romeo is, Mercutio and Benvolio are reluctant to tell. Enter Romeo and they argue, Mercutio steps in a draws his sword they fight Romeo pulls them apart and Tybalt makes a lunge at Romeo, he misses and stabs Mercutio. Mercutio falls to the ground and he cries out where is my page, go villain fetch a surgeon. The page goes and gets a surgeon, Tybalt has fled, page is back and helps Mercutio up before he leaves Mercutio says a plague, a plague on both your houses he has realized that the war between the two houses is stupid and outdated. Tybalt is back and Romeo and he fight, Tybalt falls is caught. Shakespeare stage is very sophisticated, before his death Mercutio is seen at his best laughing and joking around and trying to act the fool, this is good as I think Shakespeare wanted people to think that at heart Mercutio wasnt just a argument starting person. Mercutios death scene is important as it shows us how gallant Romeos friends are and that they would do anything to help him. Mercutio up to this point is an important character as he provides the comic relief. You seen the best before death scenes in many of Shakespeare pieces and his style of writing is ti include a harsh point then add a funny point to that, like when Mercutio is talking about Tybalt and how he is a good fighter Shakespeare add a slight bit of humour to it, by saying he is the King of cats and this type of dry humour can be seen all over Shakespeares writings. I would say that Romeo and Juliet is a black comedy as it combines death, love, and friendship but also has a dark and sometimes funny side, and thi s can be seen in the Death scene when Mercutio say Ay, Ay, a scratch; marry, tis enough and then laughs. Over all Mercutios death scene is a power and striking one, and really starts the downward spiral for Romeo. Shakespeares sense of humour and stagecraft make this one of the most powerful scenes in the play.

Friday, March 27, 2020

Final Draft Research free essay sample

Matthew Kassebaum 4/26/12 Honors English 3 How does an author create the mind of their characters? Are they predetermined or do they let the progression of the story dictate the way the characters minds are shaped? Every author has a major event or turning point in a story which directly affects the lives of the characters in the novel or play. These events and points in the story are presented to the characters as challenges which develop their psychology and mental state. These are key to any story, since the mental state and psychology shape the way the character acts, behaves, and interacts with other characters in the story. Although some believe these traits are predetermined by the author when he creates the character they are actually shaped by the events which occur in the play or novel. These events are not just in the story to make the story entertaining and interesting but are in the story to affect the mental state and psychological development of each and every character affected by the event. We will write a custom essay sample on Final Draft Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In The Great Gatsby Jay Gatsby changes his entire life in hopes of reuniting with the love of his life Daisy, but shortly after they reunite his life seems to revert to the way it was before he became Jay Gatsby. Gatsby’s life, once full of expensive parties, was now lacking all excitement, he was the most talked about man on both East and West Egg, now was forgotten about. He lost touch with his only true friend, Nick, and fired almost all of the people who worked for him, butlers, cleaning staff, drivers, and those who took care of his house. His life went from the party filled life of a young American man trying to enjoy himself to that of a secluded recluse who wanted no contact at all with the outside world. American Psychologist William James once remarked , â€Å"†¦human beings can alter their lives by altering their attitudes of mind. Once Gatsby lost the reason for his money and showiness he lost his desire and need for money and showiness. This loss of his lifelong love leaving a hole in his life, a hole which he had created his new life to fill, was now wide open again and he no longer had a reason for the new life he created. By losing Daisy he effectively changed fro m the mindset of Jay Gatsby back to that of James Gatz, the son of a poor family from Minnesota. This caused him to go back to his old ways, almost as if the man known as Jay Gatsby did not exist anymore. His mindset went from that of a millionaire, to that of a poor boy with almost nothing, only wishing he was a millionaire. When James Gatz became Jay Gatsby he did it to one day earn back the love of Daisy, and when he couldn’t win her love back there was no reason for all the money and parties, there was no more reason to be Jay Gatsby at all. In Oedipus Rex Oedipus seems to have a wonderful life as the son of a royal family of a very successful land until he found out his fate, what his future was suppose to be, causing his life to take a turn for the worse and lead to his ultimate demise. Oedipus has so many traumatic events occur in his life it is hard to narrow them down to one which affects his psychology the greatest. From his abandonment as a child, killing his father, having children with his mother, and seeing his mother hang herself he had an extremely traumatic life which deeply and greatly affected him. His psychology and how these events affected it are the most well known and widely studied of any character in any story, book, or play in the history of literature, but the event which affects him the most, what drives him to his demise, is when he finds out what his fate is said to be. Rick Riordan, a New York Times bestselling author, wrote in his novel Percy Jackson and the Lighting Thief, â€Å"Knowing too much of your future is never a good thing. † Once he finds out his destiny he sets out to try and change is, a feat considered impossible, and all he accomplishes is causing it to occur, most likely, faster than he would have if he disregarded the prophecy. When Oedipus found out his fate, fulfilling it scared him more than anything, more than even attempting the impossible, changing his fate. Learning of what his future held forced him to make a choice, and choosing leave the city he believed was his true home city, and the family he believed to be his biological family led to a total mental break because he found out he fulfilled the prophecy and shamed himself, his family and his children. He felt such great shame from this he went to the length of gauging his eyes out and committing himself to a life of poverty and wandering until his death. If he had not found out his fate when he did, or had he simply not believed it much of the pain and suffering he and those around him went through could have been avoided or delayed, also postponing his demise. Christopher from The Curious Incident of the Dog in the Nighttime lives his entire life with mental disabilities and one day the death of a dog sends him on a journey which affects the way he lives with his disabilities and his life. When he begins his journey Christopher’s mental state is already extremely precarious due to his disabilities. He journeys at first to find who killed his neighbor’s dog, and when he realizes his dad had done it but lied to him about it, begins his search for his mom. His journey for his mom takes him all over England, a very new, very scary and very trying experience for him. He often does not know where he is at all and with very little intrapersonal and communication skills has a very hard time reaching his mother. Once he finally does he finds it very hard to live there since his mother’s boyfriend is not very accommodating to his special needs. Rebecca Sue, author of an article called â€Å"The Curious Incident of the Dog in the Nighttime† concurs, â€Å"Christopher remains insecure and cannot fully trust in his surroundings. This poses a great hurdle to him in coping with life events and developing as a person. However, Christopher proves to be resilient and finds ways to overcome the detrimental effects of his disorder. † This perfectly describes the journey Christopher is taken on throughout the events in the novel. Although he faces all of these challenges he eventually overcomes them to succeed on his journey and learns how a function a little bit better in everyday life because of it too. His life is dramatically changed for the better due to his investigation into the death of his neighbor’s dog. In A Streetcar Named Desire Blanche visits her sister Stella and her husband Stanley, and she tells them it is to take a break teaching and her and Stella’s childhood home, but she really goes to escape the life she made for herself after she lost Belle Reve and all the death and other loss she has experienced. Unfortunately for Blanche she cannot escape her past at all, as August Strindberg states in his play Miss Julie, â€Å"No matter how far we travel; the memories will follow in the baggage car. † When she gets to Stella’s she believes she will be able to leave the past behind her and escape all of it, but contrary to her belief Stella’s home is the worst place she could have gone to escape her past. Instead of escaping her past she ends up having to recount much of it to both Stanly and Mitch, and even the parts of her past she tries to hide from them eventually come to light. When this happens she is given a train ticket by Stanley which is the final event that begins her mental break which ends when Stanley rapes her and her mental state is degraded to the point of complete insanity. Blanche’s attempt to escape her past and the horrible things within it fails horribly, culminating in her complete mental break and landing her in a mental institution. Holden from The Catcher in the Rye seems a bit abnormal from the beginning of the novel but because of numerous events in the story which greatly affect him he ends the novel in an insane asylum driven to insanity by many various events and occurrences throughout the novel. Both the main event of his brother Allies death and the other more minor events that occur during his travel to New York and during his stay in New York cause Holden’s fragile mental state to break and drive him to the point of insanity. Holden faces many challenges during his journey and time in New York which causes his mental state to deteriorate. In â€Å"Bloom on The Catcher in the Rye† Harold Bloom says, â€Å"Holdens psychic health, already precarious, barely can sustain the stresses of Manhattan. He suffers both from grief at his younger brother Allies death, and from the irrational guilt of being a survivor. † He already had such a fragile mindset that almost any event which he could have felt scared or fear during would have put him over the edge mentally and causes a psychological break driving him to insanity. The ultimate event which causes his fragile mental state to break is when his sister asks him to ride the carousel with her and he realizes he cannot go on because he is no longer a child and must act like an adult. His whole life he strives to be more of an adult but wishes he could go back to his childhood, and in that moment he has the opportunity to go back, but he realizes that he cannot go back to his childhood, no one can once they become an adult, and that is the final event his mind can take, causing his break and admittance to a mental institute. Holden deals with many horrible events and difficult situations in his life, many of which contribute to the fragility of his mind and his ultimate admittance to a mental institution. Every author has a major event or turning point in a story which directly affects the lives of the characters in the novel or play. These events and points in the story are presented to the characters as challenges which develop their psychology and mental state. These are key to any story, since the mental state and psychology shape the way the character acts, behaves, and interacts with other characters in the story.

Friday, March 6, 2020

5 Ways to Make Your Career Dreams Come True

5 Ways to Make Your Career Dreams Come True Watching your friends and coworkers get their dream jobs or launch their dream careers can be taxing. Maybe you feel like it will never happen to you. But that mindset can lead to depression and can sap you of your energy to actually make it happen for yourself. Try these five strategies and start to make the changes you need to go in the direction of your dream.Think bigThere are two kinds of people in the world: those who  believe leaders are born that way and those who  believe anyone can do or be anything. Be part of the second camp. Cultivate the three Ps: practice, perseverance, and persistence. Then add passion and pursuit to the mix. You’ll never get where you want to go if you don’t really want to get there.Be confidentYou chose your dream, now believe in it. Take risks and make achieving your goals your top priority. Once you’ve made a choice you know to be right, it will be that much easier to devote yourself to it 110%.Don’t expect instant resultsJust because the journey’s long doesn’t mean you’ll never reach your destination. Keep working on your goals every single day, even if you can’t see any immediate payoff. The reward will come. Add patience to your magic P words.Edit your friends listSocial relationships are a huge part of a healthy life and career. Surrounding yourself with happy and like-minded people can be a really effective way to keep yourself afloat and heading for large-scale success. Weed out the people that drain your energy or make you feel bad about yourself. Stick to the positives, even when it comes to people.Be gratefulIf you’re always grateful for something, then you’re already successful. Even when things are rough, there’s always something good to recognize and reflect on. Making gratitude a simple part of your routine will pay enormous dividends as you cultivate the life you want and start to see results. You’ll already be in the habit of being thankful!

Wednesday, February 19, 2020

Women and Economics in Colonial and Post Revolution America Essay

Women and Economics in Colonial and Post Revolution America - Essay Example She discusses among many other topics: motherhood, sex, domestic duties, the role of women as educators, feminine inclinations, women's relationships with men and the existence of women as human beings. I believe that human beings have in their nature a primal instinct for survival and that women have relied on men for their livelihood for so long that this human instinct has become blunted. This view is supported in Gilman's work where her writings point to a belief that women are now more feminine than they are human 1 By Gilman's definitions, women had a primarily "feminine" role to play in colonial America. In early southern colonies, females were heavily outnumbered by men but the hardships of life ensured that all inhabitants had to earn their living regardless of gender. Women attended domestic duties like sewing and cooking and men devoted more time to productivity in the fields but regardless of job descriptions, all were kept busy in they strife of making a living. With a rise in European conflict and the spread of these disputes to America, a new population of widows emerged who were previously dependent on their husbands for the livelihood of their families 2 These women gradually integrated themselves into the urban workforce; a move that was encouraged by authorities to decrease the number of widows and orphans dependent on charity.3 The revolutionary age brought change in the attitudes of women. Prior to the American revolution, migrant families to America had brought with them ideals about a "woman's place" and perceptions of "femininity" from the bases of their European origins. However, as the political environment changed and people in general became more outspoken, there evolved a greater tolerance to opinionated women. Women began to hold meetings in their homes involving both men and women where they criticized political and religious figures and discussed everything from economics to medicine. 4 The American Revolution was not simply a military conflict between American colonies and the British Empire; there was a strong cultural and economic resistance in America. Americans became more reluctant to rely on British produced goods and this started an industrial economy for women. Because of this boycott of British products, women became responsible for producing most of their families clothing at home in addition to other consumables like candles and soap 5 6. To continue to support their families and produce food for the army, women also took to the fields and assumed an important role in agriculture 5. If a family owned a business like an inn or a printing press, women often assumed these entrepreneurial roles while their husbands were away 7. This allowed women to demonstrate levels of competency and success at opportunities that were denied to them in the past. Women launched a full scale assault to cement their place in the American workforce. In the past, women who wer e forced to work were careful not make their activities too obvious. There remained traditions in society that a woman's place was in her home; her private sphere. However, during the revolution, as the demand for women in the workplace grew, women became more prepared to advertise their products and services 8. Women were not only participating in docile duties. Women sometimes traveled with

Tuesday, February 4, 2020

The importance of medication administration Essay

The importance of medication administration - Essay Example Although errors or mistakes are bound to occur, albeit at reduced frequencies, nurses and other caretakers should be appropriately trained, skilled and well prepared to prevent and manage these errors whenever they occur. This paper discusses the interventions or strategies by which nurses can reduce cases of medication errors. Medication errors are the most common errors in healthcare and medicine fields. The main reason for this situation is the huge number of doses administered and the complexity of the medication system, not to mention the complex nature of diseases and diverse patient situations and needs (Mediscape.org, 2014). Although many organizations and individuals turn to technology as the first resort to preventing and reducing medication errors, there are many other more productive and effective strategies that can be applied. Generally, research shows that the provision of correct medication is the backbone of medication error prevention. Medication should also be given at the right doses. The use of clinical decision support is also an effective method of medication error reduction. It brings information to prescribers at the requisite time, guiding them to prescribe drugs based on laboratory results (Mediscape.org, 2014). The prescriber is also alerted of possible allergic reactions, alter native formula. In spite of medication errors being quite common, many cases are neither noticed nor reported. The reason many cases of medication errors are not reported is that the nurses involved fear for their jobs and professional disciplinary actions such as deregistration. An overall and far-reaching intervention for reducing medication errors is the adoption and instilling of a culture of safety among nursing staffs (Leape, 2002). That is, there should be an organisational patient safety plan, containing the objectives and the mechanisms by which these objectives are to be achieved. The main foundation of this plan should be the

Monday, January 27, 2020

Mechanisms Of Conservative And Replicative Transposition Biology Essay

Mechanisms Of Conservative And Replicative Transposition Biology Essay Bacteriophage Mu is a temperate phage which adopts transposition pathway in its life cycle. Mu has the capability to integrate into numerous sites in host Escherichia coli genome and cause mutations due to its insertional activation. Mu transposes via two major pathways; conservative and replicative transposition though the molecular switch between the two mechanisms remain unknown. This review will focus on the comparisons between replicative and conservative transposition. The first part will discuss the similarities between the two mechanisms; donor DNA cleavage step and strand transfer step which involves nucleophilic attacks, generating single-strand nicks in Mu DNA and joining it to target DNA via one-step transesterification mechanism. The latter part will concentrate on the different characteristics in each transposition mechanism; in replicative transposition, the end product is duplication of transposon copy in both target and host DNA while in conservative transposition, a simple insertion of transposon is produced in the target DNA. 1. Characteristics of bacteriophage Mu Phage, derived from the Greek word phagein, literally means to eat. Bacteriophage Mu was named as such(find out who did) due its nature of infecting and inducing high levels of mutation in host bacteria Escherichia coli., hence the name Mu for mutator. The dual nature of Mu transposon and virus has made it as the archetypal model of studying phage genetics. Bacteriophage Mu is a temperate phage of E. coli which employs the transposition mechanism in its life cycle. Transposition can either be conservative (excising the transposon and inserting it into bacterial chromosome) or replicative (transposon copies are produced in both transposon and bacterial chromosome). Both mechanisms will be discussed extensively later in this article. Unlike the phage ÃŽÂ », insertion of Mu genome into the target site proceeds in a randomly manner which makes it an excellent mutator. Fig. 1: The life cycle of bacteriophage Mu(5). The life cycle of phage Mu is shown schematically in Fig. 1 above. Bacteriophage Mu infect susceptible host cell by adsorption and then, injects its linear viral genome. Once inside the host cell, the linear genome does not circularized(4,5,19), unlike in phage ÃŽÂ ». In either case of lytic or lysogenic phase, Mu integrates its DNA into the host genome via conservative transposition(16,19). This is observed differently in phage ÃŽÂ » where the infecting phage DNA will be integrated into host genome only during lysogenization(19). An enzyme called transposase, encoded by MuA gene in the phage genome, is absolutely crucial to carry out this conservative transposition step. Phage DNA is inserted at multiple sites in a bacterial genome which lead to the assumption that the insertion occur by a random manner(8). However, there are several factors that influence target site selection such as MuA protein efficiency and transposition immunity(15). After integration, Mu usually adopts a quiescent prophage lifestyle(lysogenic phase). The preference between lysogenic and lytic phase in Mu life cycle is dependent on its stability in the lysogen and lysogenic repressors. However, lysogens of Mu phage sometimes enter the lytic phase though this is a rare event. When induced, usually by using temperature-sensitive repressor mutants of phage Mu and subject it at 42ËÅ ¡C, the lysogen will enter lytic cycle. When the lysogenic repressor is inactivated, Mu transposes via replicative transposition, producing copies of phage genome which will be packaged into new virions. The virions then lyse the host cell and infect new hosts. Bacteriophage Mu virions comprised of icosahedral head(diameter 54nm), a baseplate, a contractile tail and six short tail fibres(5). Fig. 2: Simplified cartoon illustrating packaging of Mu genome. Typical length of phage Mu DNA is approximately 37kb long. Additional 2 kb of host DNA is incorporated during DNA packaging which is shown as flanking each end of the integrated Mu genome, with most of it at the right end. Unique sequences of host DNA and at the right end of the packaged DNA is dependent on initiation site of packaging in the host DNA(24). Fig. 3: Physical and genetic map of bacteriophage Mu. Solid black lines represent Mu DNA while the boxes at the two ends indicate flanking host DNA sequences. Mu genes (indicated in block letters) and their corresponding translational products are as indicated(19). A typical size of wild-type phage Mu DNA is about 37.5 kb, however each phage capsid can accommodate up to 39 kb long. Phage genome has a pac site which serves as the starting point in packaging of the phage DNA, located within attL(5). The initiation cleavage by phage enzyme terminase occurs upstream of the phage pac site, which includes host sequence of about 50-150bp flanking the left end. Second cleavage initiated when a complete filling of capsid is achieved, which includes 0.5 kb to 2 kb of host sequence flanking the right end(1). Genetic and physical map of phage Mu is illustrated in Fig. 3. Bacteriophage Mu utilizes headful mechanism strategy, which confer variable lengths of host DNA flanking the left ends of Mu DNA depending on the initiation site of genome packaging(Fig. 2). 2. Transposition mechanism (E) (D) (C) (B) (A) Fig. 4: Modes of bacteriophage Mu transposition. (A), (B) and (C) are the common steps in both conservative and replicative transposition of phage Mu. In conservative and replicative transposition, phage Mu will follow-up step (D) and (E) respectively. Curved arrows indicate nucleophile attack, transferring the 3-OH ends to the staggered 5-phosphate ends of target DNA. Dentate lines (XXXX) indicate target DNA sequences which are duplicated during transposition (16). Numerous in vitro studies have been conducted to study the mechanism of transposition, and usually mini-Mu elements are used. A minimal Mu element consists of a selectable gene, a plasmid replication origin and essential Mu ends(2). The mechanism of transposition is discussed in respect to an in vitro system from this point onwards unless stated otherwise. Following discussion on transposition mechanism are based on Shapiro model(22) as it has been widely accepted as the golden model in this field. The current known modes of transposition is divided into two: non-replicative (conservative) and replicative transposition. Both strategies utilize the same mechanism up to point (Fig. 4C) where each strategy employs different mechanism, producing different end products. A simple insertion of transposon is generated in target DNA by conservative transposition (Fig. 4D) while two copies of transposon formed in both donor and target DNA by replicative transposition (Fig. 4E). Point A to C are considered as the similar features in both conservative and replicative transposition while point D and E is the distinction between the two modes of transposition. Therefore, mechanisms involved in point A,B and C are discussed in context of both replicative and conservative transposition, which comprises of DNA cleavage step and strand transfer step. Sequential stages of both cleavage and strand transfer steps are illustrated in Fig. 4. 2.1 Donor DNA cleavage step Two critical chemical steps in both transposition pathways are donor DNA cleavage step and DNA strand transfer step(5,8). The donor DNA cleavage step is initiated when water molecules within an active site act as nucleophiles, and attack phosphodiester bond in DNA backbone at each of the transposon end(4,5). The cleavage step involves a direct hydrolysis of phosphodiester bond by water, and not by covalent enzyme-DNA intermediate(17). The phosphodiester bond is cleaved at the flanking host-transposon DNA boundary. 3-hydroxyl (OH) ends of the Mu DNA are exposed at the end of the cleavage step. Strand transfer results in fusion of target and donor DNA, which forms an intermediate molecule (8). The process (simplified in Fig. 4C) follows the Shapiro model(22). Bacteriophage-encoded proteins, MuA protein (transposase) and MuB protein (ATPase) are required for transposition. Other requirements to ensure efficiency of transposition are accessory proteins such as host-encoded DNA bending proteins called hydroxyurea (HU) and integration host factor (IHF)(8). The inverted repeats at the end of donor DNA, and target sequence on bacterial chromosome are also important in transposition mechanism. The assembly of higher order protein-DNA complexes called transposome has been identified by in vitro studies(6). A three-site synaptic complex called the LER complex comprising right and left ends of Mu and transpositional enhancer, was formed in the beginning of transposition in vitro(23). MuA protein binds to MuA binding site at the ends of Mu DNA as monomer, and subsequently function as tetramer of MuA (transposase). Host IHF and HU protein were found to aid in formation and stabilisation of LER complex. The LER complex is relatively unstable and so, is rapidly converted into stable synaptic complex (SSC), also known as type 0 complex(17). This is the critical checkpoint before any chemical reaction is carried out as it is the rate-limiting step of cleavage reaction(6). A stable synapse between tetramer of MuA and the two ends of Mu DNA is made but no cleavage is initiated yet at this point. Nonetheless, the active site is structurally occupied to the region around the scissile phosphate while the flanking DNA are destabilized upon formation of the SSC complex(6). In addition to formation of a stable synapse, the Mu ends needs to be properly-oriented, a super coiled DNA topology, and accessory DNA sites are also important to proceed to the next step. Formation of SSC usually is short-lived in presence of Mg2+ but can be accumulated in presence of suitable divalent cations such as Ca2+,which promotes the formation of SSC(8,17). Next, SSC is converted into a type 1 transposome complex, also called as cleaved donor complex(CDC)(9). The 3 ends of Mu DNA are nicked in presence of Mg2+. Two subunits of MuA tetramer, that are associated with the sites that undergo cleavage, assemble in trans arrangement which favours the strand transfer reaction(5). The formation of CDC can then be thought as the result of donor DNA cleavage step. Type 1 transposome complex exhibits greater stability than the type 0 complex though MuA forms structural and functional core in both transposome complexes(6). In addition of stably bound tetramer of MuA proteins, there are loosely associated MuA proteins present in the CDC as well. In absence of MuB protein, MuA tetramer is unable to promote strand transfer reaction unless these extra MuA proteins are present. MuB protein is an ATP-dependent DNA-binding protein, which also acts as an allosteric activator of Mu transposase (MuA proteins)(21). Transposition can still proceed in absence o f MuB proteins, but MuA protein by itself is only 1% efficient(3). 2.2 Strand transfer step A hallmark of this step is the formation of strand transfer complex (STC), also known as type 2 transposome complex. The end product of STC is formation of a branched molecule(Shapiro intermediate) which is characterized by a covalent interaction between donor DNA and target DNA via 5bp single-stranded gaps and its ÃŽÂ ¸ structure(22). MuB protein first captures a target molecule and bring it to the vicinity of the transposome complex, forming a TC complex(6). Formation of TC complexes rapidly undergo one-step transesterification reaction, which is the rate-limiting step in the strand transfer step. Interestingly, recruiting of target molecules by MuB proteins and formation of TC complexes can occur at several time point during the reaction pathway(6). This is a particularly efficient step to maximize transposition potential as it would speed up rate of strand transfers during transposition. The free 3-OH ends produced from the cleavage step act as nucleophile and attack phosphates of target DNA at the 5 ends. 5-nucleotides long offset nicks are made in the target DNA, generating a staggered arrangement(3). At this stage, the MuA proteins(transposase) are still tightly bound to the branched molecule with single stranded gaps. This pose an obstruction for the assembly of replication fork by host replication factors. The structure of the branched molecule is simplified in (C) of Fig. 4. The forming of this intermediate molecule serves as the critical point which distinguish between conservative and replicative transposition. A widely accepted model is that the resolving of this co-integrate molecule by a special resolvase complex leads to double copies of transposon being made in both donor and target site(REFerence). This is by definition, a replicative transposition pathway. Thus, the strand transfer complex is destabilized and disassembled by a system of eight E. coli host molecular proteins (DnaB helicase, DnaC protein, DnaG primase, DNA polymerase II, single-strand binding protein, DNA gyrase, DNA polymerase I and DNA ligase) and molecular chaperon called ClpX, producing cointegrates(13). This transition from transposome complex to a replisome results in duplication of 5-bp target DNA sequences flanking both ends of Mu DNA. Alternatively, if the bacteriophage Mu is to enter the conservative pathway, the co-integrate molecule is repaired or processed without performing Mu DNA replication. The end product of STC in a conservative transposition is a simple insertion of single mini-Mu element inserted into the target DNA(8). However, the mechanism of this model is poorly understood. Fig. 5: Transposome complexes involved during DNA cleavage complex and DNA strand transfer. (A) A plasmid (gray line) bearing donor mini-Mu element (black line) DNA in the in vitro system is negatively coiled. (B) In presence of host HU protein, Mu A protein bind to the two ends of Mu DNA forming a stable synaptic complex (not shown). Assembly of MuA tetramer produces a nick at each ends of Mu DNA, creating a cleaved donor complex (CDC). (C) Nicked 3 ends of Mu DNA are joined together to target DNA in presence of MuB protein forming a strand transfer complex (STC). MuA tetramer is still tightly bound to the Mu ends in the STC. (D) In replicative transposition, a cointegrate molecule is produced when replication of target DNA initiated from the 3 Mu ends by host replication machinery (13). 3. Replicative transposition Replicative transposition was first suggested by Ljungquist and Bukhari (1977) to occur in situ after induction of lysogens, which means that the Mu prophage was not excised from host chromosome during transposition(14). The lysogens were digested with restriction enzymes which cleaves both host and Mu DNA at specific restriction sites. Two of the fragments from the restriction digests contain both host and Mu DNA, which corresponds to junctions between host and prophage DNA, suggesting that prophage DNA is replicated in situ of host chromosome(19). Several genetic and biochemical predictions made in the Shapiro model have been demonstrated in both in vivo and in vitro studies, hence this model is accepted as a plausible mechanism to explain transposition in phage Mu. Numerous techniques have been done to study the direction of replication of Mu DNA during transposition. Results obtained by annealing of Okazaki fragments to separated strands of Mu DNA shows that more than 80% of Mu molecules replication proceed from left to right end(11,19). Electron microscopical observation of mini-Mu element shows that replicating molecules in vitro replicate from both ends in equal probability'(11,19). Replication of Mu DNA is accepted to be predominantly unidirectional, that is from left towards the right end(20). Intramolecular replication pathway can result in inversion, deletion, and simple insertion while intermolecular events can produce co-integrate molecules(19). In the case of Mu transposition, formation of co-integrate molecule needs to be resolved in order to produce two replicons; one molecule contains transposon and target DNA while another molecule contains transposon and donor DNA(10). 4. Conservative transposition The main characteristic of conservative transposition is that phage DNA is not replicated prior to integration. Upon infection of a susceptible host cell (usually E. coli), Mu employs conservative, or also called non-replicative transposition to transfer its genome to the target site. As discussed earlier, conservative transposition pathway follows single strand nicks at the 3 ends of Mu DNA, of which the exposed 3-OH ends join to the staggered cut target DNA at the 5ends forming a co-integrate molecule. The co-integrate or so-called Shapiro intermediate is repaired and generates a simple insertion in the target DNA though the mechanism is still poorly understood. Shapiro model emphasized on single-stranded nicks at Mu ends, joining of Mu to a staggered double-strand break in target DNA, formation of an intermediate molecule, and shedding of heterogeneous of previous host DNA sequences after ligation in conservative pathway(22). On the other hand, Morisato and Kleckner (1984) proposed a different mechanism based on results with Tn10 transposition. Their model is double-stranded cleavages at the transposon ends generating an excised transposon, which then circularizes via ligation on one of the strands(18). It predicts shedding of host sequences from the Mu DNA ends before ligation into the new target DNA. Study of Mu transposition using plasmid substrates in vitro produced results in favour of the Shapiro model, and hence this model has been widely accepted and used in studies. Fig. 6: A model of conservative transposition which utilizes double-strand cleavages during integration. (A) Transposase bind to the inverted repeats at Mu-host boundary sites and cleaves off the transposon away. (B) Transposase made a staggered cut at target sequence of which exposed 3-OH ends of transposon attacks 5-phosphate ends of the host (not shown). The transposon then joins to the host sequence. Duplicated target sequence of 5-bp are completed by host replication machinery (7). The debate on single-strand or double-strand cleavage however does not end there. If phage Mu were to utilize the Shapiro model of transposition during integration (the well-established cointegrate mechanism), the flanking host sequences would remain bound to Mu ends. This would clearly pose a problem as subsequent target-primed replication of the linear integrant would not work, or simply break the chromosome(1). Evidently, results from in vitro experiments are against this as the transposition end products contain transposon, suggesting a complete transposition process have been accomplished. So, does the infecting Mu DNA utilize the Shapiro model where the cointegrate molecule gets processed and repaired, prior to replication at the flanking sequence? Or does it follow a cut-and-paste mechanism where both strands of Mu DNA gets cleaved off from the flanking host DNA sequence (as illustrated in Fig. 6), where no cointegrate molecule is generated, which eventually means, there is no need for resolve by replication? An in vitro experiment was done by Au et al. (2006) to observe the fate of flanking host DNA sequences upon phage Mu infection. Specific markers specific to the infecting phage Mu DNA as well as the donor host (lacZ/proB) were used. These markers were acquired from the host in which the phage had been propagated but absent in the host being infected(1). Upon infection of plasmids by bacteriophage Mu, signal for flanking sequences and Mu DNA were detected in the chromosome at the same time point (approximately at minute 8), which correspond to the integration time point of Mu. Subsequent expression of lacZ and proB were detected maximally at minute 15, significantly reduced at minute 30 and by minute 50, expression were halted(1). Maximal expression at minute 15 most likely corresponds to climax of integration of the infecting phage population. These findings strongly suggest that flanking sequences get integrated together with Mu DNA into the new target site and are subsequently, rem oved by a special mechanism(which explained the undetectable expression at minute 50). This then proves that infecting phage Mu employs an alternate cointegrate mechanism (also called as nick-join-process mechanism) in conservative transposition pathway, where the Mu DNA undergo single-strand nicks, joins to the target DNA, and repaired before replication of the 5-bp gap left by the flanking sequence(1). The mechanism of removal and repair of host flanking sequence however, remains ambiguous. Conclusion Dual nature of bacteriophage Mu, a transposable element and a virus, is certainly interesting but what is more fascinating is that it utilizes both replicative and non-replicative transposition throughout its life cycle. The former mechanism produces a transposon copy in both donor and target DNA while the latter usually generates a simple insertion of transposon in the target DNA, leaving a gap in the host DNA which most likely will get degraded. In the early stages, both replicative and conservative transposition pathway share a similar mechanism. Regardless of the transposition pathway, infecting Mu DNA during the first round of infection will integrate its DNA into the target chromosome via two critical steps; donor DNA cleavage step and strand transfer step. Mu uses a phosphoryl transfer involving nucleophilic attacks of water on phosphodiester bonds of Mu DNA, producing single-strand nicks. A second nucleophilic attack by exposed 3-ends of Mu DNA on 5-ends of target phosphodiester bonds, which then joins the Mu DNA to target DNA via one-step transesterification mechanism. A series of transposome complexes are formed throughout these processes including Mu-encoded MuA proteins(transposase) and MuB proteins(ATPase). A cointegrate is produced in both pathways but in replicative transposition, this intermediate molecule is resolved producing two replicons with transposon copy in each molecule. In conservative transposition, the cointegrate is repaired generating a simple insertion in the target DNA. Hence, it is more accurate to name conservative transposition as nick-join-process rather than the conventional cut-and-paste mechanism as the latter suggest double-strand nicks at the transposon end, which has been proven inaccurate by in vitro experiments. Both transposition pathways have been compared extensively in this review but much of functional core of the mechanisms remain to be understood. (2944 words)

Sunday, January 19, 2020

Maxson Rose, a Truly “Rose Woman”

Shuyang Ye Dr. Toni J. Morris ENGL 102 – 54 17. Feb. 2012 Maxson Rose, a Truly â€Å"Rose Woman† Roses are regarded as the most beloved flowers in the world, with its romantic meaning . In most occasions, rose represents love ,beauty and pleasure. Nevertheless, we seldom take rose into deep consideration. Regardless of its sweet side, this kind of flower with thorns shows its another unique characteristics—- dependent, and has a strong awareness of self-protection.The supporting role Maxson Rose in August Wilson’s play â€Å"Fences† takes on both sides of the characteristics of that flower. In the play, Rose puts the family’s unity at the most important place in her heart. Just as the title of the play Fences implies, she wants to build a fence around her family , not letting her family members hurt by others. She performs very well not only between Troy and Cory, but also Troy and Gabriel. From my point of view, she is a bridge between her h usband and son.We know from the play that Troy spent 15 years in prison, and became very good at baseball during the time in prison. But he always lives in the past , he prevents his son playing football in school team just because , he doesn’t want his son do better job in the field where he has no chance to become successful . Rose demands once and once again to persuade Troy to permit Cory play the football , and she always stops the argument between Cory and Troy about football. At the same time , she shows her sincere sympathy to Troy’s disabled brother Gabriel.She gave biscuits to Gabe though he wandered off; she tries to persuade Troy not to t live in the house which is paid by Gabe’s disabled subsidies for granted; and she also stops Troy from sending Gabe to mental hospital. Furthermore, she really plays the roles as flowers, especially she finally decides to accept Troy’s illegitimate daughter Raynell, Instead of begrudging the stagnant situatio n, she choose to bravely confront with the cruel fact that her husband has love affair with another woman as a way of self-protection. She said to Troy: Okay, Troy†¦you’re right.I’ll take care of your baby for you†¦ ‘cause †¦like you say†¦she’s innocent†¦and you can’t visit the Sins of the father upon the child. A motherless child has got a hard time. (she takes the baby from him. ) From right now†¦ this child got a mother. But you a womanless man. (1613) Maxson Rose is an ever-dutiful 1950s-era housewife, devoting herself to her husband and her family. But she do not let her husband Troy walking all over her when she learns about Troy’s love affair with Alberta.Even though their marriage seems draw a close emotionally, Rose tries her best to show sincere motherly qualities to Troy and Alberta’s illegitimate daughter Raynell. And at the end of the play , it is this generous and tolerant woman calling famil y’s unity and asks other family members to forgive Troy. She is truly a rose woman. Work cited August, Wilson. Fences. Literature: Reading, Reacting, Writing. Ed. Laurie G. Kirszner and Stephen R. Mandell. 7th ed. Boston: Wadsworth, 2010. 1572-625. Print.

Friday, January 10, 2020

Evidence Law – Imposing Legal Burden of Defendant

Imposing a legal burden upon a defendant will negate the principle of presumption of innocence. If a defendant has to prove their innocence than it would automatically and unconsciously bring up the issue that they were never considered innocent until proven guilty. The presumption of innocence was first articulated in the case of Woolmington v DPP [1935] AC 462, 461 where Viscount Sankey LC stated that: ‘Throughout the web of English criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilty subject to†¦No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained’ This statement of the nature of the legal burden of proof in criminal trial is basically a summary of the important presumption that highlights our criminal justice system, that a person is presumed innocent till proven guilty. In the case of McIntosh v Lord Advocate [2001] 3 WLR , Lord Bingham referred to the judgement of Sachs J in the case of State v Coetzee [1997] where the importance of the principle as explained.Lord Bingham explained that: The starting point of any balancing enquiry where constitutional rights are concerned must be that the public interest in ensuring that innocent people are not convicted†¦ Hence the presumption of innocence, which serves not only to protect a particular individual on trial, but to maintain public confidence in the enduring integrity and security of the legal system’. The presumption of innocence is supported by the European Convention of Human Rights; Article 6(2) states that ‘anyone charged with a criminal offence shall be presumed innocent until proven guilty according to law’.Furthermore the Human Rights Act 1998 supports the presumption of innocence as well as the European Convention of Human Right s. An issue that is faced by the court in respect of cases is whether imposing a legal burden of proof on the defendant will raise issues with article 6(2) of ECHR as well as the Human Rights Act 1998. In addition the same can be said about legislation that imposes a statutory defence for the defendant to use, and in order for them to use that defence they will bear the legal burden.Even at Common law Lord Viscount Sankey himself stated that it is upon the prosecution to prove guilty, but if a defendant uses the defence of insanity than he shall bear the legal burden of proof. Despite the rule in Woolmington v DPP, there are circumstances where the burden of proof does pass to the accused. This is known as the ‘reverse burden’ or reverse onus’. There are many express statutory exceptions to offences which place’s a legal burden upon the defendant and failure to do so could mean a potential conviction.The Homicide Act 1957, s2(2) imposes a burden of proof o n the accused in relation to suffering from diminished responsibility. It states: ‘On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder’. There is similar reverse burden on the accused to prove insanity under the common law rule in M’Naghten’s Case [1843] 10 CL & Fin 200. Furthermore the Magistrates Courts Act 1980 s101, places a burden on the defendant but impliedly.It states that ‘where a defendant relies for his defence on any exception, exception, exemption, proviso, excuse or qualification†¦ the burden of proving †¦. shall be on him’. In the case of R v Edwards [1975] QB 27, the defendant was convicted of selling alcohol without a license. The defendant tried to appeal on the grounds that prosecution had not produced any evidence in relation to him being granted a license. The Licensing Act 1964, section 160 clearly states ‘if any person sells†¦ any intoxicating liquor without holding a justices license †¦ hall be guilty of an offence’. The appeal was dismissed on the grounds that under common Law, where a statue forbids an act in certain situations, the court could interpret such that the burden of proving that situation, including granting of a license could like on the defendant. In addition to this s1(1) of Prevention of Crime Act 1953 clearly states that ‘Any Person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence’.This is example of implied statutory exception which imposes a burden of proof upon the defendant. Another example of a case where it was impliedly stated by statue is the case of Gatland v Metropolitan Police Commissioner [1968] 2 AII ER 100 QB. A lorry driver drove into a builder’s skip which had been left in front of building were builders were working. The owners of the lorry claimed against the company which supplied the skip. It was held that the burden was on the rosecution to prove that the skip had been left outside the building and that it could have caused danger to the driver, the burden was on the defendant to prove that it was there with ‘lawful authority or excuse’, this was due to the Magistrates Court Act 1980 section 101. However the courts have imposed limitations on this principle and this was portrayed in the case of R v Hunt 1987 AC 352. This case involved the defendant being convicted of unlawful possession of Morphine in respect of section 5 of the Misuse of Drugs Act 1971.The regulation provided that section 5 will have no effect if the morphine was less than 0. 2%. The defendant tried to appeal on the grounds that prosecution had failed to adduce enough evidence on the proportion of morphine. The trial judge at first instance upheld the conviction and stated that the legal burden fell on the defendant to prove. The defendant appealed by leave of court, and Lord Griffith gave a judgement in that since Woolmington v DPP [1935] a rule was not established that the burden of establishing a statutory defence lay on the defendant only where the statue expressly provides it.He also referred to the case of Nimmo v Alexander Cowan & Sons Ltd 1968 AC 107, where it was agreed that it was not clearly stated that the burden would like on the defendant, and that the courts should take into consideration what the intention was of the Parliament. Lord Griffith went onto say that section 5 of the Act only made it an offence to carry the illegal substance in possession. So therefore it was up to the prosecution to prove that the substance was carried in an illegal form. The burden was on the prosecution to prove that the substance was unlawful and also that the morphine was not in a legal form and not under 0. %. The appeal was allowed and the defendant’s convic tion was quashed. This case illustrates that the courts are not always willing to place the legal burden on the defendant especially when statue is not clear as to the intention of who would bear the burden. Following the performance of the Human Rights Act 1998 section 3 the courts have been required to consider whether the imposition of the burden of proof on the defendant is incompatible with the right to a fair trial under Article 6 ECHR. It also should employ the attitude that all reverse burdens f proof should be viewed as evidential burdens rather than legal, at least for offences with an identified guilt and rigorous sentences. In the case of R v Lambert [2001] 2 Cr App R 511, HL, the defendant was convicted under section 5 of The Misuse of Drugs Act 1971 for possession of cocaine with intent to supply and was sentenced to seven years imprisonment. He relied on section 28(3)(b)(i) of the Act as a defence that he did not believe or suspect, or have reason to suspect that he w as carrying the cocaine.The judge directed the jury in agreement to the law that the prosecution only had to prove that he had and knew that he had possession of cocaine in his bag. The Act imposed a reverse burden on him in relation to this defence. On appeal against the conviction, the defendant tried to argue that the reverse burden that he carried contravened Art 6(2) even though the HRA 1998 was not yet to come into force. The court of appeal held that because the Act had not come into force he could not rely on the convention rights.The result of s28 of the Act was to impose only an evidential burden on the accused, as imposing a legal burden on the defendant would contravene Article 6 of ECHR. It was addressed that imposing a legal burden on a defendant would require a high level of explanation to be actually compatible with Article 6. Lord Steyn said that the burden is on the state to show that the legislative means adopted where not greater than necessity. He also went to e xplain that there must be a ‘pressing necessity’ for a legal burden to be placed upon the defendant.However in the case of R v Johnstone [2003] UKHL 28 HL, the defendant as charged with an offence under s92 of the Trade Marks Act 1994, in relation to production and sale of counterfeit CD’s involving reproducing the trademarks of the various artists. The defence that could be relied on was under s92(5) which claimed: ‘It is a defence for a person charged with an offence under this section to show that he believed on a reasonable grounds that the use of the sign in the manner in which it was used, or was to be used, was not an infringement of the registered trade mark’.It was held that the placing of a legal burden of proof on the accused was compatible with article 6 of ECHR. Lord Nichollos gave the judgment that ‘Given the importance and difficulty of combating counterfeiting, and given the comparative ease with an accused can raise and issue a bout his honesty, overall it is fair and reasonable to require a trader, should need arise, to prove on the balance of probability that the honestly and reasonably believed the goods were genuine’. This clearly indicates that in certain circumstances the ECHR article 6 can be infringed upon if the crime is detrimental in society as well as raising issues of honesty.It can be inferred that the decisions made in Lambert and Johnstone have caused friction as both offences have given way to a defence through statutory exceptions. In Johnstone it was only an evidential burden that was placed in the defendant whereas in Lambert a legal burden was placed. However a common ground which both cases have come to is that a case would have to have great justification to go against article 6 of ECHR and the Human Rights Act 1998. An issue that arises is what would constitute as having great justification and that there is a lack of clarity in this.It can be said that judges have not interp reted properly statutes that impose a burden of proof on the defendant, and therefore cases are resulting in different outcomes. Furthermore this can be seen again in the case of Sheldrake v DPP; Attorney General’s Reference (No 4 of 2002) UKHL 43 HL. The hearing before the court was raised as a result of two different cases. The first case involved the defendant being charged under s5(1) of the Road Traffic Act 1988 for being charge of a motor vehicle after having being intoxicated by so much alcohol, going over the required limit.The defendant tried to rely on the defence provided under s5(2) of the Act ‘that at the time he alleged to have committed the offence the circumstances†¦. likely to exceed the prescribed limit’. The defendant tried to claim that if an evidential burden was not placed than it would intervene with ECHR article 6. It was held that, even if it did contravene Article 6, that it would be justified by the fact that it was proportionate a nd directed towards a legitimate objective.The second case involved the defendant being charged and convicted under the Terrorism Act 2000, and a defence was available from section 11(2) for a defendant ‘ that the organisation was not a proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and that he has not taken part in the activities of the organisation at any time while it was proscribed’. Take into consideration that the statue states that it is a defence to the offence, but does not state that the burden is upon the defendant to prove.The court stated that once the defendant had raised the issue and satisfied the evidential burden of proof it was up to the prosecution to rebut that evidence rather than the defendant having to undergo the legal burden of proof. It was held that in relation to s11 it would be incompatible with article 6 if interpreted as imposing a legal burden and therefore should be ‘read down’ so it only imposed an evidential burden. In conclusion to this assignment it can be seen that judges are more conscious about placing a legal burden upon the defendant as it does intervene with ECHR article 6.Judges have tried to justify in situation where a legal burden if placed on a defendant, by stating where a crime is so severe with harsh imprisonment a defendant does have to prove the legal burden. In certain situations where the reverse burden is transferred the courts are willing to place an evidential burden on the defendant rather than legal however where there is a statutory defence judges may go either way by stating that the legal burden has to be proved or that an evidential burden maybe placed.Furthermore a problem that statutory defences poses is that judges maybe unclear as to the wording of the provision so therefore there is not much clarity and confusion maybe caused. Furthermore the same can be said about implied statutory exceptions as the wording does not expressly say that the burden is on the defendant again this can cause confusion and sometimes result in the defendant having the burden. In all the courts are more willing to be flexible and only when there is a necessity in placing the burden with great justification will the courts impose a burden upon the defendant.I do agree that placing a burden on the defendant does negate the principle of presumption of innocence but I would agree with the courts that sometimes it is necessary to do so. Word count: 2655 Bibliography Cases McIntosh v Lord Advocate [2001] 3 WLR Woolmington v DPP [1935] AC 462, 461 Gatland v Metropolitan Police Commissioner [1968] 2 AII ER 100 QB R v Lambert [2001] 2 Cr App R 511, HL Sheldrake v DPP; Attorney General’s Reference (No 4 of 2002) UKHL 43 HL R v Edwards [1975] QB 27 of R v Hunt 1987 AC 352 Books C TaylorEvidence Pearson Education Limited 1st Edition 2010C Allen A Practical Guide To Evidence Cavendish Publishing 4th Edition 2008 Tab le of Statue Homicide Act 1957 Human Rights Act 1998 Licensing Act 1964 Magistrates Court Act 1980 Misuse of Drugs Act 1971 Prevention of Crime Act 1953 Road Traffic Act 1988 Trade Marks Act 1994 EU Legislation European Convention of Human Rights Journal http://webjcli. ncl. ac. uk/2003/issue3/cooper3. html Simon Cooper Human Rights & Legal Burden of Proof Accessed 27/07/12 Website http://conventions. coe. int/treaty/en/treaties/html/005. htm Accessed 02/08/12 http://www. legislation. gov. uk/ukpga/1998/42/section/3 Human Rights Act 1998 s3 Accessed 12/08/12 ttp://www. hartpub. co. uk/updates/crimlaw/crimlaw_burden05. htm Burden of Proof, Accessed 12/08/12 http://www. lawgazette. co. uk/news/r-v-hunt-richard Accessed 06/08/12 http://www. lawgazette. co. uk/news/r-v-hunt-richard Accessed 06/08/12 ——————————————– [ 1 ]. http://webjcli. ncl. ac. uk/2003/issue3/cooper3. html Simon Co oper Human Rights & Legal Burden of Proof Accessed 27/07/12 [ 2 ]. McIntosh v Lord Advocate [2001] 3 WLR Judgement of Lord Bingham [ 3 ]. http://conventions. coe. int/treaty/en/treaties/html/005. htm Accessed 02/08/12 [ 4 ]. Woolmington v DPP [1935] AC 462, 461 [ 5 ]. http://www. egislation. gov. uk/ukpga/Eliz2/5-6/11/section/2 Homicide Act 1957 s2(2) [ 6 ]. C TaylorEvidence Pearson Education Limited 2010 pg 15 [ 7 ]. http://www. legislation. gov. uk/ukpga/1980/43/section/101 Magistrates Courts Act 1980 s101 [ 8 ]. R v Edwards [1975] QB 27 [ 9 ]. Gatland v Metropolitan Police Commissioner [1968] 2 AII ER 100 QB [ 10 ]. of R v Hunt 1987 AC 352 [ 11 ]. http://www. lawgazette. co. uk/news/r-v-hunt-richard Accessed 06/08/12 [ 12 ]. http://www. lawgazette. co. uk/news/r-v-hunt-richard Accessed 06/08/12 [ 13 ]. http://www. legislation. gov. uk/ukpga/1998/42/section/3 Human Rights Act 1998 s3 Accessed 12/08/12 [ 14 ]. ttp://www. hartpub. co. uk/updates/crimlaw/crimlaw_burden05. htm Burden of Proof, Accessed 12/08/12 [ 15 ]. R v Lambert [2001] 2 Cr App R 511, HL [ 16 ]. R v Lambert [2001] 2 Cr App R 511, HL [ 17 ]. C Allen A Practical Guide To Evidence Cavendish Publishing 2008 pg 168 [ 18 ]. R v Johnstone [2003] UKHL 28 HL [ 19 ]. R v Johnstone [2003] UKHL 28 HL [ 20 ]. Sheldrake v DPP; Attorney General’s Reference (No 4 of 2002) UKHL 43 HL [ 21 ]. http://www. legislation. gov. uk/ukpga/2000/11/section/11 [ 22 ]. Sheldrake v DPP; Attorney General’s Reference (No 4 of 2002) UKHL 43 HL